RIGHTS (IPR)
A BULLETIN
FROM
TIFAC
VOL 5 NO. 10 OCTOBER, 1999
Contd from...1
WTO's Third....
the proposal that negotiations on industrial tariffs
should accompany those on agriculture and
services.
Competition Policy
Transparency In Govt
Procurement
Technical Assistance/
Capacity Building
TRIPS/IPR
Agriculture
Biotechnology
Canada, USA
Genetically Modified
Organisms
Balance Of Payments
Japan
Technology Transfer
India
Canada
European Communities
Non-Agricultural Market
Access
Safeguards
Colombia
Table 1
Areas Open for Discussions Proposals Received From
Electronic Commerce
Trade In Services
Anti-Dumping
Investment Measures
European
Communities,
Hongkong, China, Switzerland,
Korea, Japan
Trade Facilitation
European
Communities,
Switzerland, Korea, Japan,
USA
India
Anti-Dumping Measures
The proposal states that anti-dumping measures
are virtually being used as weapons by certain
developed countries to deny access to the
products of developing countries. On the same
commodity anti-dumping action has been repeatedly
Contd on...3
Contd from...2
WTO's Third....
initiated by certain developed
countries. This has created
instability and unpredictability in
the market, which militates
against basic GATT principles. It
is vitally important to lay down
clear guidelines for making sure
that the provision in Article 15 of
GATT, 1999 is translated into
practice. (WTO Document : WT/GC/
W/108;13.11.98)
TRIPS
Along with these countries
India has also flagged its concern
for the TRIPS related reforms and
has proposed the following
changes to be done in the
TRIPS Agreement:
1. In the light of provisions
contained in Article 23 and 24
of the TRIPS Agreement,
additional
protection
for
geographical indications shall
be extended for products other
than wines and spritis.
2. It is widely agreed that the
TRIPS
Agreement
is
incompatible
with
the
Convention on Bio-Diversity.
Pending
a
thorough
examination of this issue, a
clear understanding in the
interim
that
patents
inconsistent with Article 15 of
the CBD shall not be granted.
3. Article 64, paragraph 2 shall
be modified so as to make it
clear that subparagraph (b) and
(c) of Article XXIII of GATT
1994 shall not apply to the
TRIPS Agreement.
4. The provisions of Article 66.2
shall be made obligatory and
shall be subject to periodical
notification, in order to monitor
their effective implementation.
Guidelines on categories of
incentives shall also be
established. The application of
this Article shall be extended
to all developing countries.
5. The
period
given
for
implementation of the provisions
of Article 27.3(b) shall be five
years from the date the review
is completed.
6. The list of execptions to
patentability in Article 27.3(b)
WT/GC/W/
Technology Transfer
Indias proposal on transfer of
technology
has
suggested
establishing a Working Group to
identify the problems and
constraints faced by developing
countries in gaining access to
the latest technology available in
the developed countries, to look
at all the existing WTO
Agreements and suggest specific
measures. This proposal has
posed certain questions for which
answers have to be found :
Does the control, direction and
use of technology:
(a) promote innovation
sharing of knowledge;
and
disempower
Contd from...3
WTO's Third....
Document:
WT/GC/W/
352;11.10.99)
Balance of Payments
The proposal states that the
Balance of Payments Committee
should be requested to examine
all the issues that arise from the
provisions of Article XVIII:B and
the 1994 BOP Understanding,
read along with Article XV of the
GATT, and should be mandated
to submit its report to the
General Council in a time-bound
manner. Its examination should
include: (I) the jurisdiction of the
Balance of Payments Committee
and the General Council; (ii) all
aspects relating to the criteria for
assessing the adequacy of
reserves and the justification for
import measures; and (iii) the
scope and applicability of the
proviso to Article XVIII:11 and
Note Ad Article XVIII:11. (WTO
Document:
WT/GC/W/364;12.10.99)
E-Commerce
Patents May Force
Reconsideration of
Strategies
It is reported that a recent
proposal by EU could make
computer software patentable in
Europe for the first time. This
would imply that businesses may
soon have to pay royalties on
such
commonly
commerce
compression,
used
techniques
eas
watermarking,
consideration
for
e-
that
applications
many
related
patent
to
e-
(Source :
Contd on...5
will be baught out and face
Contd from...4
E-Commerce Patent...
Sixty
companies
were
patent legislation.
There is a
Volume 8 No. 3)
hailed
from
Book Review
the
The
&
financial
Published by S. Viswanathan
the scientists.
sector
had
an
e-
to
only
26%
of
Practices;
N.R.
Subbaram
interest
technolegal
devise
can
taken place.
the
the
in
therefore
researchers.
He has therefore
to be understood by researchers,
the
indicates
intellectual
Only
14%
had
indicated
that
the
e-
e-commerce
patents,
In the words of
that,
at
present,
4-5 years.
in
this
means
inculcate
CSIR
which
interests
and
basic
he
of
philosophy
property
of
rights,
PCT.
The
on Indian patents.
book
also
government departments.
2)
delivery of all copies of
the Microsoft software in
possession of the defendant;
which it knows to be counterfeit.
3)
damages or an account
of profits in respect of all
counterfeit Microsoft software
products Plato has ever dealt in;
and
4)
extensive discovery of all
dealings e.g. goods obtained and
related documentation, in all
Microsoft products from the
defendant.
The defendant put forward the
following arguments:1.
As
there
was
no
evidence that they intended to
continue infringing, any injunctive
relief ought to be narrow and
restricted to what the defendant
had already offered in their
undertaking. (The undertaking was
that they would no longer deal in
software known to be counterfeit).
2.
Microsoft was entitled to
damages in respect of 45 copies
of Windows 95, which the
defendant had obtained from that
agency.
3.
Any order for discovery
should be restricted to those 45
copies.
The court looked into all the
aspects and gave its judgement
on each of the points raised by
Microsoft.
(a) The
main
principle
adopted by the court was derived
from the judgement in Coflexip
SA vs Stolt Comex Seaway
MS Ltd. in which it was clarified
that the court must tailor the
injunction to match the wrong,
that the injunction must protect
the plaintiff but be fair to the
defendant as well. In the present
CO 10
Case Study
Method and apparatus for
bioremediation
of
mixed
hazardous wastes
The present invention provides
a method and apparatus for
treatment (bioremediation) of
mixed hazardous wastes. The
same can be used for treatment
of a liquid or slurry hazardous
waste stream like industrial
wastewater or sludge or for
treatment of contaminated
groundwater. The invention was
granted a patent in US July this
year (Patent No. US 5922204) to
two
individuals.
The
US
Government has certain rights in
the invention, as it emanated
from a project supported by the
Defense Advanced Research
Projects Agency, a component of
the U.S. Department of Defense.
The Background
The
activities
of
U.S.
Department of Defense and its
contractors
result
in
the
generation of large amounts of
hazardous wastes. Many of the
constituents of concern are
waterborne or have become
waterborne as a result of leaks
or spills. Among the most
troublesome of these wastes are
organic solvents, heavy metals,
acids and salts. Even at low
concentrations, these constituents
are often toxic, tend to be
resistant to conventional treatment
methods and are persistent in
the environment. The patent is an
offshoot of the attempts made to
handle such hazardous wastes.
Common waste constituents are
aromatic hydrocarbons, such as
The Prior-Art
The US Patent No 5, 076,
927 had described the concept
of
kinetic
control
for
bioremediation
of
mixed
hazardous wastes. The kinetic
control method is applied to
enrich the particular microorganism or consortia that is
capable of accomplishing the
hazardous waste transformations.
The enrichment is achieved
through a series of reactors.
Growth rate (dilution rate or
mean cell residence time
(MCRT)) is used to favour
particular microorganisms and
disfavour others. In general
downstream reactors are operated
at greater MCRT than upstream
reactors. There is a practical
Contd on...8
Contd from... 7
Case Study
replacing electron, such as propionic acid,
propionate ion, butyric acid, butyrate ion, lactic
acid and lactate ion with aromatic hydroarbons
such as benzene, toluene, ethylbenzene, xylenes,
phenol and cresols.
Fig. 1 is a schematic block diagram illustrating
a third preferred embodiment of the invention, the
dashed lines representing possible variations in the
process. Mixed hazardous waste 50 is input to the
process by pump 62. The process involves an
initial sulfate-reduction step and a subsequent
methanogenic step. A third, aerobic processing
step may also be included.
The initial sulfate-reduction step is accomplished
in the first reactor 52. Conditions for biological
sulfate reduction are created whereby sulfate serves
as the primary terminal electron acceptor. If the
waste stream does not contain sulfate, addition of
sodium sulfate 51 (or sulfuric acid) is necessary.
An anaerobic environment is maintained
automatically by the cultures production of
hydrogen sulfide. Reductive dechlorination produces
ethylene (63) and other breakdown products.
From the reaction stoichiometries, the following
sulfate 51 requirements are predicted if addition of
an electron acceptor is necessary:
Electron donor
Sulfate requirement
Moles of SO4++
required per mole
of electron donor
Grams of SO4++
required per gram
of electron donor
Benzene
3.75
4.61
Toluene
4.50
4.69
Ethylbenzene
5.25
4.75
Xylenes
5.25
4.75
Phenol
3.50
3.57
Cresols
4.25
3.78
Fig. 1
to enrich sulfate-reducing bacteria therein without
enriching sulfate-reducing bacteria in downstream
reactors. Degradation of aromatic hydrocarbons such
as p-cresol occurs under sulfate-reducing conditions.
Free energy considerations indicate that degradation
of other such compounds, such as toluene and
phenol, is favorable thermodynamically.
If the excess hydrogen sulfide (H 2S) produced
during sulfate reduction is removed from the reactor
(by purging with nitrogen or otherwise), the pH of
the solution is increased. Any conventional method
is used to recover sulfur from the stream.
Sulfate 51 may be added or it may be present
in mixed hazardous waste 50. Hydrogen sulfide
gas (e.g., sulfides 61) may be removed from first
liquid effluent 53 using one of the methods
described above. In one embodiment, first reactor
52 includes headspace 64 from which hydrogen
sulfide gas 61 is removed by vacuum pump 65.
Waste hydrogen sulfide gas 61 may be scrubbed
to remove volatile hydrocarbons contained in it by
contacting it with an aqueous waste stream, such
as a portion of third liquid effluent 58, which
portion is returned to first or second reactor 52 or
54 for further treatment. Biological dechlorination of
Contd on...16
INVENTION
C. 14 August, 1999
182931. Daewoo Electronics Co
Ltd, Korea (247/Cal/95)
A process for
metal aryloxide.
(1549/
A
process
for
preparing
an
amorphous form of benzothiophenes.
182942.Prestige Hm-Polycontainers
Ltd India (569/Bom/94)
International News
In a deal to settle patent
litigation, Storage Technology (or
commonly known as Storage
Tek), high-volume data storage
equipment maker has agreed to
pay
$100
million
to
communication equipment maker
Odetics Inc. $ 80 million has
been paid at the time of
settlement and the remainder
would be paid in equal
instalments of $ 10 million each
in the next two years.
(Business Line, 12 Oct 99)
As on July 15, 1999 54
countries are members to Madrid
Agreement, namely Albania,
Algeria,
Armenia,
Austria,
Azerbaijan, Belarus, Belgium,
Bosnia and Herzegovina, Bulgaria,
China, Croatia, Cuba, Czech
Republic, Democratic Peoples
Republic of Korea, Egypt, France,
Germany,
Hungary,
Italy,
Kazakhstan, Kenya, Kyrgyzstan,
Latvia,
Lesotho,
Liberia,
Liechtenstein,
Luxembourg,
Monaco, Mongolia, Morocco,
Mozambique, Netherlands, Poland,
Portugal, Republic of Moldova,
Romania, Russian Federation,
San Marino, Sierra Leone,
Slovakia, Slovenia, Spain, Sudan,
Swaziland, Switzerland, Tajikistan,
the former Yugoslav Republic of
Macedonia, Ukraine, Uzbekistan,
Viet Nam, Yugoslavia, Georgia,
Turkey and Turkmenistan.
(www.wipo.org)
A 1996 Update Report on US
Patenting by Women released by
United States Patent and Trade
Mark Office (USPTO) presents a
brief history of women inventors
in United States and examines
Contd on...10
An infusion
connections.
Sensor
system
for
controlling
ventilation systems in vehicles.
Gmbh,
container
with
two
Terminal element.
10
Contd from... 9
International News
trends in US patenting by
women in the 1977 to 1996
period. It focuses exclusively on
patents of US origin (i.e. patents
for which the first named
inventors resided in the United
States at the time of grant) and
attempts to identify which of
those US origin patents include a
woman inventor. Some of the
highlights of the Report follow as
under:
1. The woman-inventor patent
share of annually granted US
origin patents rose from 2.6
percent in 1977 to 9.2 percent
in 1996.
2. Of the 985,319 US origin
patents granted during the 1977
to 1996 period, 5.7 percent
included a woman inventor, i.e.
were woman inventor patents.
3. During the 1977 to 1996
period, most of the U.S. origin
patent grants to women (82.6
percent) were for utility patents
i.e. inventions, as compared to
16.4 percent which were for
aesthetic design patents and 0.5
percent which were for plant
patents.
4. For the 1977 to 1996
period, the largest share of the
U.S origin woman-inventor utility
patent grants, 49.5 percent,
pertained
to
chemical
technologies, while 36.2 percent
pertained
to
mechanical
technologies and only 14.3
percent pertained to electrical
technologies.
5. About 35 percent of the
US origin woman-inventor patents
granted during the 1977 to 1996
Contd on...11
Fluid filter.
USA
182977.
Thavitupayalam
Venkatraman Jagadessan, India
(758/Mas/93)
Isolators.
182983.
Sedepro,
(927/Mas/93)
France
182984.
Sedepro,
(928/Mas/93)
France
Dosaging device.
182985. Dana
(933/Mas/93)
Corp,
USA
Contd from... 10
International News
period originated from California,
New York, or New Jersey.
(www.uspto.gov)
An increase of 10 percent in
the number of patent applications
filed in New Zealand during 199899 as compared to 1997-98 has
been reported. This increase in
the number of patent applications
is being attributed to the release
of the New Zealand Inland
Revenue Departments (IRD) draft
interpretation statement covering
income tax issues as they relate
to patents. According to this
draft the costs of prosecuting or
defending a patent infringement
action, or in prosecuting a patent
revocation or opposition action,
would generally be dedutible.
The defence of a patent
revocation or opposition would
need to be capitalised and
depreciated. Similarly the draft
has put the patent renewal fees
in the deductible category and
has again suggested capitalizing
the costs incurred on grant of a
patent.
(Patent World, Issue 115, Sept 99)
Contd on...12
11
182987.
Rieter Ingolstadt
Spinnereimas Chinenbau Ag,
Germany (005/Mas/94)
182988.
Rieter
Ingolstadt
Spinnereimas Chinenbau Ag,
Germany (006/Mas/94)
A
spinning
machine
thermoplastic yarns.
for
B. 21 August, 1999
182990. Siemens Aktiengesellschaft, Germany (997/Cal/94)
182991. Hitachi
(144/Cal/94)
Ltd,
Japan
182994.
Novoflex
Cable
Industries, India (21/Cal/95)
182998. Critikon
(275/Cal/95)
A catheter device.
Inc,
USA
12
Contd from... 11
International News
acknowledgement of submission.
Care has been taken to maintain
the confidentiality of the
applications
filed.
Further
information on EFS BIO can be
accessed
from
http://ptoebc.uspto.gov
(www.uspto.gov)
A new patent law has been
passed
by
the
Croatian
Parliament. It came into force on
July 31, 1999. The new law
harmonises Croatian patent law
with latest European trends and
brings it in line with GATT
standards. The highlights of the
law are as below:a) Excluded from patent
protection are (1) plant or animal
species or essentially biological
processes for the production of
plants or animals, except for
microbiological processes or
products thereof, and (2)
inventions whose publication or
exploitation would be contrary to
public order or morals. Diagnostic
and surgical methods or
treatment methods applied directly
on a human or animal body,
except for products, especially
substances and compositions for
use in any of these products,
are considered as not being
appropriate
for
industrial
application and therefore not
patentable.
b) Registration of a short-term
(10 years term) patent which is
not examined.
c) The new patent law will
apply to all registered patents
and pending patent applications.
Infringement actions that are still
pending on January 1, 2000 will
be subject to the old law.
Contd on...13
USA
183018.
France
Acetiques,
Acetiques,
Pardies
(246/Mas/94)
183019. Pardies
France (257/Mas/94)
An interdental toothbrush.
A method of manufacturing
protected substrate.
A,
Contd from... 12
International News
(Patent World, Issue 116, Oct 99)
Domestic News
Wockhardt Ltd has filed four
US patent applications for novel
drug delivery systems (NDDS).
Three of these are cardiovascular
products and one is an
antiulcerant. The company is also
planning to file abbreviated new
drug applications (ANDAS) for
Contd on...14
13
UK (149/Mas/92)
metals.
183028.
Sajja
Perumal
Subramanian, India (309/Mas/92)
A jacquard card.
183029. Kemira
(396/Mas/92)
A fertilizer composition.
Oy,
Finland
183030.
Hoechst
Aktiengesellschaft, Germany (407/Mas/92)
C. 28 August, 1999
183031. Hindustan Lever Ltd,
India (353/Bom/94)
183033. Ashok
(158/Bom/97)
Patil,
India
(159/
183035. Ashok
(211/Bom/97)
Patil,
India
A process of manufacturing
cryptosporidium infection reducing
therapeutic concentration.
Corp,
183040.
Sonic
Biochem
Extractions Pvt Ltd, India
(533/Bom/98)
Contd from... 13
Domestic News
their products with the US drug
authorities.
(Economic Times, 18 Oct, 99)
A US patent has been
granted to Council of Scientific
and Industrial Research (CSIR) for
a new hybrid variety of mint or
mentha arvensis called Himalaya.
It has been developed by the
scientists at the Central Institute
of Medicinal and Aromatic Plants
(CIMAP), Lucknow. The new plant
variety gives higher yield of the
oil rich in menthol and
is
resistant to common diseases.
(Business Line, 1 Oct 99)
Patent infringement suits
against Hyderabad based Dr.
Reddys Research Laboratories
have been filed separately by
Glaxo Wellcome Plc and Pfizer
for two products ondansetron and
amlodipine respectively in the
Russian market. Probably the
initial court rulings have gone
against DRL. But DRL is
planning to appeal against the
verdict.
(Financial Express, 23 Oct 99)
The Geohess UK Ltd has
received a European patent (Pat
No 728048) for the use of
hessian cloth on landfill sites to
cover rubbish. It is now claiming
that anyone covering rubbish with
hessian cloth would have to pay
it a royalty of 65 per cent of
the cost of the hessian in the
UK. One UK based company
which was billed by Geohess
has questioned the validity of the
patent in the UK court. The
companys attorney has also
contacted Indian company
Contd on...15
14
A detergent composition.
A plastic
machine.
An
improved
process
for
manufacturing a linear glucamide
surfactant.
injection
moulding
183060.
Sbl
(608/Del/95)
Ltd,
India
Contd from... 14
Domestic News
Hastings Jute Mill who have
further brought this matter to the
notice of Indian Jute Mills
Association (IJMA), Jute and
Mineral development Corporation
(JMDC) and Indian Jute Mill
Research association (IJRA) as
this patent can have negative
impact on Indian jute exporters.
If some strong action is not
taken at this point of time
tomorrow one can patent the use
of potato sacking bags, wheat
bags and any other thing where
jute is being used.
Jute
industry being 100 years old in
India and the low cost of the
jute fibres have led to a wide
use of this fibre over the period
of time. If one has to pay 10
to 15 per cent extra for the
same thing as royalty, the
consumers may not pay that
high price and this may lead to
declime in the use of jute.
(Financial Express, 13 Oct 99)
Cadila Pharma Ltd (CPL) has
won the copyright infringement
suit against Cadila Healthcare Ltd
(CHL) over CPLs cardiovascular
drug Envas. CPL alleged that
CHL was using the identical
design in the strip and box for
its drug to encash on the
popularity of Envas. The court
has now directed CHL to
withdraw its product from the
market, give an account of
production and selling of the
product and to bear the costs
incurred by CPL in fighting the
case.
(Financial Express, 8 Oct 99)
15
Contd from... 8
Case Study
tetrachloro-ethylene (PCE) and
trichloroethylene (TCE) will
produce ethylene 63.
First liquid effluent 53 of first
reactor 52 is transferred to
second reactor 54. In a second
methanogenic step, dechlorination
and methane 56 production
occur.
Reductive
PCE
dechlorination by methanogens to
produce ethylene 63 during
metabolism of a primary substrate
60, such as acetate or methanol,
has been documented. Therefore,
one such substrate 60 is added
to the reactor if one not present
in first liquid effluent 53 from the
sulfate-reduction step. The
specific microorganisms that
would be enriched in reactors
operated as indicated above
would depend on the salinity and
temperature of the reactor
content. If second reactor 54 is
operated at a relatively high pH
(above pH 8), over 95 percent of
the hydrogen sulfide gas is
ionized. At pH 7, about two
If
residual
organic
concentrations are excessive, a
final aerobic treatment step can
be incorporated into the process
by transferring second liquid
effluent 55 to third reactor 57.
Activated sludge and trickling
filter unit processes are examples
of appropriate aerobic process
steps for producing third liquid
effluent 58.
Claims:
A patent
Research
organised
at
REC,
Kurukshetra on October 9,
1999.
Case Law
Case Study
16